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Re: [epl-discuss] Next Round of Proposed Revisions to the EPL

On 10/7/2016 2:14 PM, Till Jaeger wrote:
Am 03.10.2016 um 17:42 schrieb Jim Wright:
> Till, on your question on Section 2, perhaps the answer is simply to add
> the express right to prepare derivative works, provided that any portions
> of such derivative work which are comprised of the Program in whole or in
> part remain subject to the terms and conditions of the license?  Let’s
> say a court decides that subclassing does create a derivative work.  The
> license then provides that what they did is permitted and does not apply
> the requirements of Section 3 to the subclass…?  
This is exactely what I want to say.

So I have read this thread carefully several times, and I have to admit that you have me confused.

The structure of the EPL 1.0 is that anything which is a derivative work must be under the terms of the EPL 1.0. (I.e. it is a copyleft license.) However, (Till's opinion notwithstanding) the EPL 1.0 was always intended to be a weak copyleft license. It was drafted such that anything which is *not* a derivative work could be offered under whatever terms the copyright holder desired. Our desire is that the EPL 2.0 follow the same basic construct: Modified Works must be made available under the EPL 2.0; works which are not Modified Works can be made available under other terms. Given that, I don't see how granting an express right to create derivative works helps.

In addition to the above, our motivation for using a defined term for Modified Works was to: (a) avoid the ambiguity of relying on the term, and (b) to eliminate the requirement to stipulate a choice of law. Adding "derivative works" back into the license runs counter to those objectives.

If we can't resolve this in another email to two, I will suggest arranging a short call to discuss. Sometimes a conversation can save a lot of typing.

Thanks for taking the time to help!

Mike Milinkovich
+1.613.220.3223 (mobile)

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